On December 25, 1998 No. 721-I
About guarantees of lawyer activities and social protection of lawyers
Citizens of the Republic of Uzbekistan without distinction as to sex, races, nationalities, language, religion, social origin, beliefs, personal and social standing have the right to be engaged in lawyer activities.
For occupation lawyer activities grant the license according to the procedure, established by the legislation.
The basic principles of lawyer activities are:
independence of the lawyer;
strict observance of Rules of professional ethics of lawyers, lawyer secret and oath of the lawyer;
application of the methods and means which are not prohibited by the legislation.
The lawyer at meeting of the relevant qualification commission takes the oath of the following content:
"Solemnly I swear fairly and to honesty fulfill the professional duty, to consistently protect human rights and freedoms, to keep lawyer secret, to strictly observe the Constitution and the laws of the Republic of Uzbekistan".
The lawyer has the right to be engaged in lawyer activities in all territory of the Republic of Uzbekistan, and also beyond its limits if it is necessary for accomplishment of the accepted order and does not contradict the legislation of the relevant states.
Powers of the lawyer on conducting specific case make sure the order.
The lawyer as the party has the equal rights with all participants of process at all stages of legal proceedings.
The lawyer has the right:
get acquainted with all case papers and write out from it necessary data according to the procedure, established by the law;
on appointments from the moment of detention to the client alone without restriction of their quantity and duration according to the procedure, established by the legislation;
use in case of acquaintance with case papers and its consideration in the court and other bodies sound recording devices and other technical means according to the procedure established by the legislation;
get acquainted according to the procedure, stipulated by the legislation, with information which is the state secrets, trade and other secret if it is necessary for implementation of protection or representation in case of criminal proceeding, and also by consideration and permission of civil, economic case or case on administrative offense.
The lawyer has also other rights, stipulated by the legislation.
The lawyer shall:
advise the legal entities and physical persons which asked it for legal aid, about their rights and obligations;
not take the professional position worsening situation of person who asked for legal aid;
in case of decision, illegal from the point of view of the principal (client) to appeal it in the procedure established by the law.
The lawyer performs also other duties, stipulated by the legislation.
Independence of the lawyer is provided:
the procedure for its admission established by the law to implementation of lawyer activities, suspension and the termination of these activities;
immunity of the lawyer;
prohibition to require disclosure of lawyer secret;
responsibility for intervention in the cases which are in production of the lawyer or for violation of immunity of the lawyer:
provision to it from the state of guarantees of lawyer activities and social protection.
The identity of the lawyer is inviolable. Immunity of the lawyer extends to its dwelling, the office used by it transport and means of communication, its correspondence, belonging to it things and documents.
Criminal case concerning the lawyer can be brought by the Attorney-General of the Republic of Uzbekistan, the prosecutor of the Republic of Karakalpakstan, the prosecutor of the region, the city of Tashkent and the prosecutors equated to them.
Penetration into the dwelling or the office of the lawyer, into the personal or used by it transport, production there of examination, search or dredging, listening of its negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them, personal inspection and the lawyer's search, and equally in survey or dredging of its post and cable departures belonging to it things and documents, the drive in detention of the lawyer can be made from the sanction of the Attorney-General of the Republic of Uzbekistan, the prosecutor of the Republic of Karakalpakstan, the prosecutor of the region, the city of Tashkent and the prosecutors equated to them.
The measure of restraint in the form of detention or house arrest can be applied to the lawyer by district (city) criminal court judge according to the petition of the Attorney-General of the Republic of Uzbekistan, the prosecutor of the Republic of Karakalpakstan, prosecutors of areas, the city of Tashkent and prosecutors equated to them.
The lawyer cannot be brought to criminal, material and other liability or to threaten with its application in connection with rendering legal aid to legal entities and physical persons according to the law.
Intervention in activities of the lawyer when implementing of professional obligations by it on protection of the rights and legitimate interests of legal entities and physical persons is not allowed.
It is forbidden to demand from the lawyer, his assistant and the trainee of any explanations or indications about circumstances which are subject of lawyer secret, and also to provide about them any materials for use in operational search activities, production for criminal cases, for cases on administrative offenses and another matters.
The requirement of any special permission (except the order and the certificate of the lawyer) or creation of other obstacles when implementing lawyer activities is forbidden.
Impact in any form on the lawyer with the purpose to prevent studying of specific case or to achieve forced occupation the lawyer of the line item contradicting legitimate interests of the principal (client), and also assumption concerning the lawyer of threats, insults, slander, violence or infringement of his life, health and property attract responsibility according to the legislation.
The lawyer and his professional activity are under protection of the state.
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